Florida Senate - 2014 CS for CS for SB 612 By the Committees on Community Affairs; and Governmental Oversight and Accountability; and Senator Hays 578-02843-14 2014612c2 1 A bill to be entitled 2 An act relating to government contracting; amending s. 3 215.985, F.S.; revising information to be posted on 4 the Chief Financial Officer’s contract tracking system 5 to conform to changes made by the act; amending s. 6 287.084, F.S.; preempting and superseding a local 7 ordinance or regulation that gives preference for an 8 award to a certified contractor under certain 9 circumstances; requiring a university, college, 10 county, municipality, school district, or other 11 political subdivision to make specified disclosures in 12 competitive solicitation documents; providing that a 13 university, college, county, municipality, school 14 district, or other political subdivision is not 15 prohibited from awarding a contract to a vendor under 16 certain circumstances; amending s. 287.1335, F.S.; 17 defining terms; requiring agencies to provide the 18 Department of Management Services with copies of 19 vendor complaints and names of suspended and 20 terminated vendors; authorizing local governmental 21 entities to provide such information to the 22 department; requiring the department to maintain 23 certain information regarding vendors on its website; 24 requiring an agency to submit specified information to 25 the department on a quarterly basis; authorizing a 26 local governmental entity to submit such information 27 on the same basis; requiring a vendor responding to an 28 agency’s competitive solicitation to disclose certain 29 information; specifying certain requirements for 30 considering a response to a competitive solicitation 31 or entering a contract; providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Section 1. Paragraph (a) of subsection (14) of 36 section 215.985, Florida Statutes, is amended to read: 37 215.985 Transparency in government spending.— 38 (14) The Chief Financial Officer shall establish and 39 maintain a secure contract tracking system available for viewing 40 and downloading by the public through a secure website. The 41 Chief Financial Officer shall use appropriate Internet security 42 measures to ensure that no person has the ability to alter or 43 modify records available on the website. 44 (a) Within 30 calendar days after executing a contract, 45 each state entity shall post the following information relating 46 to the contract on the contract tracking system: 47 1. The names of the contracting entities. 48 2. The procurement method. 49 3. The contract beginning and ending dates. 50 4. The nature or type of the commodities or services 51 purchased. 52 5. Applicable contract unit prices and deliverables. 53 6. Total compensation to be paid or received under the 54 contract. 55 7. All payments made to the contractor to date. 56 8. Applicable contract performance measures. 57 9. If a competitive solicitation was not used to procure 58 the goods or services, the justification of such action, 59 including citation to a statutory exemption or exception from 60 competitive solicitation, if any. 61 10. Electronic copies of the contract and procurement 62 documents that have been redacted to exclude confidential or 63 exempt information. 64 11. Whether the contractor was listed on the vendor 65 complaint list, suspended vendor list, or terminated vendor list 66 under s. 287.1335 at the time the contract was initially entered 67 into. 68 Section 2. Paragraph (c) of subsection (1) of section 69 287.084, Florida Statutes, is amended to read: 70 287.084 Preference to Florida businesses.— 71 (1) 72 (c)1. If a competitive solicitation for personal property 73 or construction services provides that 20 percent or more of the 74 cost is to be paid from state-appropriated funds, this section 75 preempts and supersedes any local ordinance or regulation that 76 gives preference to a vendor who is a certified contractor as 77 defined in s. 489.105(8) for an award predicated upon: 78 a. The vendor maintaining an office or place of business 79 within a particular local jurisdiction; 80 b. The vendor hiring employees or subcontractors from 81 within a particular local jurisdiction; or 82 c. The vendor’s prior payment of local taxes, assessments, 83 or duties within a particular local jurisdiction. 84 2. In any competitive solicitation subject to this section, 85 a university, college, county, municipality, school district, or 86 other political subdivision of this state shall disclose in the 87 solicitation document whether payment will come from funds 88 appropriated by the state and, if known, the amount of such 89 funds or the percentage of such funds as compared to the 90 anticipated total cost of the personal property or construction 91 services. 92 3. Except as provided in subparagraph 1., this section does 93 not prohibit a university, college, county, municipality, school 94 district, or other political subdivision of this state from 95 awarding a contract to a vendor in accordance with applicable 96 state laws or local ordinances or regulations.As used in this97section, the term “other political subdivision of this state”98does not include counties or municipalities.99 Section 3. Section 287.1335, Florida Statutes, is created 100 to read: 101 287.1335 Vendors; reporting by agencies and local 102 governmental entities.— 103 (1) As used in this section, the term: 104 (a) “Suspended vendor list” means a list compiled by the 105 department of all reported vendors whose ability to bid or 106 perform state or local government contracts has been temporarily 107 suspended by an agency or a participating local governmental 108 entity due to a contract default by the vendor or for other good 109 cause. 110 (b) “Terminated vendor list” means a list compiled by the 111 department of all reported vendors whose contracts have been 112 terminated by an agency or a participating local governmental 113 entity due to a contract default by the vendor or for other good 114 cause. 115 (c) “Vendor” means an entity or person in a contractual 116 relationship with an agency or a local governmental entity. 117 (d) “Vendor complaint list” means a list compiled by the 118 department of complaints that have been issued to vendors by an 119 agency or participating local governmental entity. 120 (2) An agency shall provide the department with copies of 121 complaints issued to vendors and the names of suspended and 122 terminated vendors for the vendor complaint list, the suspended 123 vendor list, and the terminated vendor list, respectively. A 124 local governmental entity may provide such information to the 125 department. 126 (3) The department shall maintain and update, on its 127 website, the vendor complaint list, the suspended vendor list, 128 and the terminated vendor list. In addition, the department 129 shall provide public access through its website of copies of 130 complaints issued to a vendor by an agency or participating 131 local governmental entity. 132 (4) An agency shall provide the department each quarter 133 with updated information necessary to maintain the vendor 134 complaint list, the suspended vendor list, and the terminated 135 vendor list. A local governmental entity may provide such 136 information to the department each quarter. An agency shall 137 report to the department all instances of a material breach of a 138 contract or a notice of default and subsequent termination 139 within 30 days after such occurrence. 140 (5)(a) An agency shall require that a vendor responding to 141 a competitive solicitation disclose whether the vendor has, 142 within the previous 5 years, had a contract terminated by a 143 federal, state, or local governmental entity after defaulting on 144 a contract; paid a fine or penalty incurred by nonperformance of 145 a federal, state, or local government contract; or entered into 146 an agreement with a federal, state, or local governmental entity 147 in settlement of any issues related to default or nonperformance 148 of a contract. An agency may consider a vendor’s failure to 149 disclose such information in determining whether the vendor is 150 in breach of any resulting contract. 151 (b) A local governmental entity may require such 152 disclosures from a vendor in response to a competitive 153 solicitation. 154 (6) When evaluating bids, proposals, or replies to 155 competitive solicitations, an agency must consider information 156 available on the vendor complaint list, suspended vendor list, 157 and terminated vendor list in determining whether the vendor 158 submitting a response to the competitive solicitation is a 159 responsible and responsive vendor. If an agency enters into a 160 contract with a vendor on the vendor complaint list, suspended 161 vendor list, or terminated vendor list, the contract file must 162 contain documentation specifying that the agency’s designee with 163 authority to sign the contract was aware that the contracted 164 vendor was named on the vendor complaint list, suspended vendor 165 list, or terminated vendor list at the time the contract was 166 initially entered into. 167 Section 4. This act shall take effect July 1, 2014.